Mental Health

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Mental Health

Can my employer require me to see a mental health physician? If so, can they require me to go without giving me a reason or explanation or any details whatsoever? If I refuse to go, can they fire me?

Asked on June 5, 2009 under Employment Labor Law, Virginia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

You are not telling the whole story.  California is an at-will employment state.  Unless you are under contract or bargaining agreement, you can be fired with or WITHOUT cause.  The fact your employer cares about you speaks volumes.

What do you do? Are you showing violent tendencies? Erratic behavior? Have you had an employment review recently? Are you experience turmoil at home or in your personal life in general?

You should, however, be informed on the reason for such a requirement if it is not something you should have already expected in your employee handbook.

Contact and inquire with the California Dept of Industrial Relations. http://www.dir.ca.gov/

Also, try consulting with a labor law at www.attorneypages.com.  You can check his or her disciplinary record at www.calbar.ca.gov under attorney search.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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